MICHAEL T. YEARY, APPELLANT,
v.
CALLIE K. YEARY, APPELLEE
FARMER, Judge.
We find no error in the final order in these post judgment proceedings, except for the following particulars. The former husband was improperly denied a credit for mortgage interest payments he actually paid on behalf of his former spouse on the marital house. Kelly v. Kelly, 583 So. 2d 667 (Fla.1991); Iodice v. Scoville, 460 So. 2d 576 (Fla. 4th DCA 1984); and Guthrie v. Guthrie, 315 So. 2d 498 (Fla. 4th DCA 1975). We also reverse the interest ordered on the rental payments. Rather than awarding interest on the lump sum of rent charged to the former husband for his use of the house, we direct the court on remand to adjust the amount so that interest is calculated on each rental payment as it theoretically became due. In all other respects the final order is affirmed.
STEVENSON, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wolowitz v. Thoroughbred Motors, Inc., 765 So. 2d 920 (Fla. 2d DCA 2000)…t the “contract confirmation” was actually a settlement agreement that the trial court properly enforced. However, this argu [*924] ment fails for two reasons. First, settlement agreements are governed by the law of contracts. See Bateski v. Ransom, 658 So. 2d 680, 631 (Fla. 2d DCA 1995); Woodfield Plaza, Ltd. v. Stiles Constr. Co., 687 So. 2d 856, 857 (Fla. 4th DCA 1997). As such, they require proof that consideration was given by each party. In this case, there was no evidence that consideration was given b…
Authorities Cited
- Kelly v. Kelly, 583 So. 2d 667 (Fla. 1991)
- Guthrie v. Guthrie, 315 So. 2d 498 (Fla. 4th DCA 1975)
- Iodice v. Scoville, 460 So. 2d 576 (Fla. 4th DCA 1984)
- W. Am. Ins. Co. & the Ohio Cas. Ins. Co. v. Lloyd, 460 So. 2d 576 (Fla. 4th DCA 1984)